Actions (642)
''In order to be entitled to a declaration, a person must show the existence of a legal right, subsisting or in future and that the right is contested. What would entitle a plaintiff to a declaration is a claim which a court is prepared to recognize and if validly made, it is prepared to give legal consequences too.
''It is trite law that the purpose of a declaratory action is essentially to seek an equitable relief in which the plaintiff prays the court in the exercise of its discretionary jurisdiction to promote or declare an existing state of affairs in law in his favour as may be discernable from the averments in the statement of claim.'' Per ADEKEYE, J.S.C (P. 48, paras. D-E) ATTORNEY-GENERAL, CROSS RIVER STATE V. ATTORNEY-GENERAL OF THE FEDERATION & ANOR.(2012) LPELR-9335(SC)
"In order to determine this relief, I refer to the dictum of Ayoola, JSC, in M. V Caroline Maersk v. Nokoy Invest. Ltd. (2002) 12 NWLR (Pt. 782) 472 at p. 509
"Having regard to the several complaints of the plaintiff, one would have expected the plaintiff to file a reply to this averment so that the defence proffered by the 1st defendant would at the very least, be put in doubt. This the plaintiff did not do.
"A cause of action has been defined to mean the factor facts which establishes or gives rise to a right of action and that it is the factual situation which gives a person the right to judicial relief - see Egbe v. Adefarasin (1987) 1 NWLR (Pt 47) 1." Per UWAIS, CJN. (P. 30, paras. A-B) ATTORNEY-GENERAL OF THE FEDERATION V. ATTORNEY-GENERAL OF ABIA STATE & ORS.(2001) LPELR-631(SC)
"The fact that the cause of action is weak or unlikely to succeed is no ground to strike it out- see Moore v. Lawson. 31 TLR 418 CA; Wenlock v. Moloney (1965) WLR 1238 and Irene Thomas & ors v. Olufosoye (1986) 4 NWLR (Pt.18) 669." Per UWAIS, CJN. (P. 30, paras. C-D) ATTORNEY-GENERAL OF THE FEDERATION V. ATTORNEY-GENERAL OF ABIA STATE & ORS.(2001) LPELR-631(SC)
"In this wise, the dictum of Uwaifo, JSC in Eke v. Okwaranyia (2001) 4 SCNJ 300 at 321 is quite instructive that:- "The law is established that to obtain a declaratory relief as to a right, there has to be evidence which supports an argument of such right.
"It is no longer in dispute that generally; an action by an Originating Summons is used when the facts of a case or matter, is not likely to be or in fact, are not in dispute - i.e. it is used for non-contentious actions.
"Perhaps, I need to remind the cross appellant that parties are bound by the pleadings and claim before the court. See: Kalio v. Daniel Kalio (1975) 2 SC 15." Per Fabiyi, J.S.C. (P. 135, Paras. A-B) CHIEF I.A. AKPAN v. SENATOR EFFIONG BOB & 4 ORS.(2010) LPELR-376(SC)
"Perhaps, I need to remind the cross appellant that parties are bound by the pleadings and claim before the court. See: Kalio v. Daniel Kalio (1975) 2 SC 15." Per Fabiyi, J.S.C. (P. 135, Paras. A-B) CHIEF I.A. AKPAN v. SENATOR EFFIONG BOB & 4 ORS.(2010) LPELR-376(SC)